:文章认为 ,当代中国法律中存在着明显的权力缺席现象。形成这一现象的原因既有观念的 ,也有体制的。观念的原因主要有国家主义法律观、强制主义法律观和管理主义法律观的负面影响 ;体制的原因则指我国现行立法体制 (特别是由有关政府部门起草与自身利益相关的法案 )的弊病。权力的缺席是导致权力失约的重要原因 ,这主要表现为权力缺席使控权对象缺失 ,使权力制约失去了规范依凭 ,同时也使权力在法外推定有了“必要”和可能。而权力一旦在法外能够推定 ,则意味着权力扩张和权力失约成为必然。为此 ,作者提出要真正控权 ,就必须注重公法建设的主张。公法倘要克服权力缺席现象 ,需强调控权的立法宗旨、确权的立法内容、护权的立法技术和越权的法律责任 The article holds that there is a clear absence of power in contemporary Chinese law. The reason for this phenomenon is not only conceptual but also institutional. The reasons for the notion are mainly the negative effects of the statist concept of nationalism, the legal concept of management and the legal concept of management. The reason of the system refers to the shortcomings of the current legislative system in our country, especially the drafting of bills relating to one’s own interests by relevant government departments. The absence of power is the important reason leading to the power failure. The main reasons are the absence of power to make the object of power loss, the loss of standardization of power restriction, and the “necessary” and possibility of extraterritoriality of power. And once the power can be estimated outside the law, it means that power expansion and power failure become inevitable. To this end, the author proposes to really control the power, we must pay attention to the advocacy of public law. To overcome the phenomenon of absence of power, the public law should emphasize the legislative purpose of controlling power, the legislative content of the power of attorney, the legislative technique of protecting power and the legal responsibility of overriding power